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(영문) 대법원 2016.11.10 2016도12759

폭행등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of attempted murder among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on intentional murder.

Meanwhile, among the grounds of appeal, the argument that the defendant was in a state of mental disability at the time of committing the crime of this case is not a legitimate ground of appeal, as it is alleged in the ground of appeal that the defendant did not consider it as the ground of appeal or that the court below was not subject to adjudication ex officio. Furthermore, even if examined,

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.